A simple question in the applicability of section 6 of the Hindu Succession Act arises for consideration in this appeal by the plaintiff. The suit was for recovery of a sum of Rs. 54,627.50 P. due under a security bond executed by defendants 1 to 9 in the suit in favour of one Somasundaram Chettiar, the father of the plaintiff. The 10th defendant to the suit is the son of a predeceased daughter of this Somasundaram Chettiar. There is no serious dispute as to the liability for the amount claimed and the only matter seriously put in issue is the claim of the 10th defendant to a l/4th share in the suit amount under the Hindu Succession Act. The trial Court has upheld his claim and in granting a preliminary decree against defendants 1 to 9 in favour of the plaintiff and the 10th defendant, declared their respective shares in the amount as 3/4th and l/4th.

There is no dispute that Somasundaram Chettiar died as a member of a Mitakshara Joint Hindu family leaving surviving his son, the plaintiff in the suit and the 10th defendant, son of a predeceased daughter. Somasundaram Chettiar died on 1st December, 1957 after the Hindu Succession Act of 1956 came into force. It is stated